1. Brexit, Immigration and Securing your Migrant Staff
Louis MacWilliam

2. Two very different immigration systems
EU (rights)
Non-EU (permission)
“These provisions have now achieved a degree of complexity which even the Byzantine Emperors would have envied (Jackson LJ)”

3. EU (rights) Must be a qualified person
Permanent residence after 5 years
Family members derive a right

4. Recruiting non-EU workers
Non-EU (permission)
Recruiting non-EU workers
Tier 2 sponsorship
Costs
Generally degree level or above
Resident labour market test
Min salary £30k

5. Looking forward… The EU Settlement Scheme
Mandatory scheme - Now open - Deadline to register is 30 June 2021 (or 31 Dec 2020)
For EU nationals and non-EU family members
Register as ‘settled’ or ‘pre-settled’

6. The EU Settlement Scheme – ‘Deal’
Open now
31 December 2020 (transition period ends)
30 June (scheme closes)
The Transition Period
Arrive between these dates to qualify
Must register between these dates

7. The EU Settlement Scheme – ‘No-Deal’
Open now
31 December 2020
29 March 2019
30 June 2021
Arrive between these dates to qualify
no transition – but European Temporary Leave to Remain
Must register between these dates

8. How to secure status British citizenship for adults (naturalisation)
Permanent residence doc before UK leaves?
Comply with EU Settlement Scheme

9. Case study 1: Marta & Paul
Marta is Polish
Married to Paul, a USA citizen
Both lived here since Jan 2012
Marta has worked continuously
Never applied for EU documentation
Want to live here long-term

10. Case study 2: Axel Axel is Austrian
Austria does not allow dual nationality
Axel has lived and worked here for 7 years
Axel has lived here for 5 years – but unemployed for first 2 years and worked past 3 years

11. Post-2020 Position For All Migrants
No preferential treatment for EU nationals
Sponsoring under Tier 2
Costs
Generally degree level or above
Resident labour market test
Min salary (£30k?)

12. Right to work The Hostile Environment The Compliant Environment
Various sanctions and damage
Carry out checks correctly to get statutory excuse
Permanent statutory excuse/temporary excuse
Civil Penalty Notice

13. What you can do now
Reassure
Review
Consider options

14. Contact details
Tel:
Mob: